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File #: 2024-0434   
Type: Agenda Item Status: Passed
File created: 12/5/2023 In control: City Council
On agenda: 12/19/2023 Final action: 12/19/2023
Title: Approve on-premise consumption for the sale of beer, wine, and liquor for 18 South, LLC d/b/a 18 South located at 18 South Magnolia Avenue (Quasi-Judicial)
Attachments: 1. 18 South SUNBIZ, 2. 18 South Alcohol BW Map

Submitted By: Samantha Pintos

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Presentation By: Jeff Shrum

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Approve on-premise consumption for the sale of beer, wine, and liquor for 18 South, LLC d/b/a 18 South located at 18 South Magnolia Avenue (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Economic Hub, Quality of Place

PROOF OF PUBLICATION:

N/A

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BACKGROUND:

• Applicant:                                                               18 South, LLC d/b/a 18 South

• Property Owner:                                          CGMK OF OCALA, LLC

• Address:                                                               18 S Magnolia Ave

• Building area:                                                               1800 square feet

• Seats / employees:                                          138 seats / 10 employees

• Required parking:                                          None

• Provided parking:                                          None

• Outside Sound:                                          No

• Police Presence:                                          There have been nine calls for service at this location during the past two years, including one call concerning criminal battery.

• Reason:                                                               New location - no previous location permit

• Request:                                                               4COP - The purpose of this permit is to allow the sale of beer, wine, and liquor for on-premise consumption for 18 South, LLC d/b/a 18 South. The hours will be Wednesday-Sunday 4 p.m. to 10:30 p.m. (Sec. 6-5 limits the hours and times during which alcoholic and intoxicating beverages may be sold, consumed, or served, or permitted to be served or consumed, in any place or on any premises defined as a business establishment as follows: for each day of the week except Sunday, between the hours of 7 a.m. and 2 a.m. the following days. On Sunday, alcoholic beverages may be sold for consumption on the premises only, between the hours of 11 a.m. on Sunday and 2 a.m. on Monday; and beer, ale and wine may be sold in sealed containers for consumption off the premises only, between the hours of 7 a.m. on Sunday and 2 a.m. on Monday.)

                     Staff requested comments from the Engineering, Growth Management, Police, and Fire Departments and requested legal review by the City Attorney.

 

FINDINGS AND CONCLUSIONS:

 

FINDINGS:

Proximity to schools, churches, day care centers: There are none within the 500’ radius.

 

Proximity to other Alcohol Beverage Establishments: There are 24 within the 500’ radius:

                     Agapanthus - 2COP

                     Brick City BBQ - 4COP

                     Cantina - 4COP-SRX

                     Courtyard on Broadway - 2COP

                     District Bar & Kitchen - 4COP

                     Downtown Billiards - 4COP

                     Harry’s Seafood Bar & Grille - 4COP-SRX

                     Hilton Garden Inn - 4COP-S

                     Ivy on the Square - 4COP

                     Katya Vineyards - 4COP

                     La Cuisine - 4COP

                     Marion Cultural Alliance - 14BC

                     Marion Theater - 2COP

                     Mark’s Prime - 4COP

                     Mellow Mushroom - 4COP 

                     Molly Maguire’s of Ocala - 2COP

                     O’ Malley’s Alley - 4COP

                     Sayulita Taqueria - 4COP

                     Soleil Bakery + Social House - 2COP

                     Stella’s The Modern Pantry - 2COP

                     Sushi Bistro - 2COP

                     The Black Sheep on Broadway - 4COP

                     The Lodge - 4COP

                     Tipsy Skipper/Mutiny - 4COP

 

Site Inspection: In compliance.

 

CONCLUSIONS:  In accordance with Section 6-32(d), any location permit approved by city council shall initially be provisional for a period of one year which upon the request of the applicant can be extended an additional six months. During this provisional period the permit holder must provide to the Building Division a copy of the vendor's state issued alcoholic beverage license. If no license is filed during this provisional period, or if the name on the state issued license is not the same as the name of the permit holder, then the permit shall be automatically voided and of no legal effect, otherwise, it shall become fully issued.

 

FISCAL IMPACT: N/A

 

PROCUREMENT REVIEW: N/A 

 

LEGAL REVIEW: This agenda item will be reviewed by City Attorney, William E. Sexton.

 

ALTERNATIVE:

                     Approve with changes

                     Table

                     Deny

                     If the City’s alcoholic beverage location permit is not approved, the state will not issue a license and alcohol beverage sales will not be permitted.